The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-09-30
ANOTHER STAY FOR SHARP.

ANOTHER STAY FOR SHARP.
CHIEF JUSTICE RU6ER OF THE COURT
or APPEALS GRANTS THE ORDER.
His Promised Departure TO Sing Sing To-day
will be Delayed, md tho Aged Prisoner
May SIN Spend tho Winter In Tewn-
Or. Allen McLane Hamilton Says he IL =
Pretty Vigorous Old Man Yet-Mr- sharp
Barstho Door to the Doctor and sharp De-
nounces him In strong Voice and Language.
ALBANY, Sept. 2s.-Chief Justice Ruger OF
the Court OF Appeals has granted stay on the
appeal Of Jacob Sharp until Oct. Q. A messen-
ger carried the notice to New York this after
noon, leaving here at 415 and arriving at New
York at 8:15. 1t is an order on the District
Attorney to show cause on Oct. boforo
Judge Ruger, IN Albany, why the stay should
not be made permanent until the appeal from
the decision OF the General Term can be hoard
and determined by the Court Of Appeals John
NJ Perry OF New York, q new lawyer In the
case, won't to Syracuse and mado the applica-
ton before Judge Ruger yesterday. This OK
traordnary move had been considered by the
counsel Of Sharp the night before. one of whom
was called from tho Democratic Convention to
to 80 to New York and consult with Mr.. Stick
ney and others Of the Sharp attorneys.
Prompt action was determined upon. and 1t
was decided to apply for further stay at once,
because the General Torn had said that whom
decision should DO handed In and when this
order had been fled, nothing would remain
but to take sharp to Sing Sing at once. unless
ono OF the Judges OF the Court Of Appeals
would grant further stay. Such thing has
not been done for years before in q criminal
case. though It Ia occasionally done In civil
cases and is perfectly regular in all respects.
As soon as 1t was decided to apply for the
order John NJ. Perry was sent to Syracuse to
apply to Chief Judge Ruger As Chief Justice
It was thought that he was likelier to grant the
order than one Of the other Judges, who might,
perhaps, hesitate to grant 1t on their own re-
sponsibility. Mr.. Perry made the argument,
and Chief Justice Ruger Of Syracuse. Judge
Finch OF Ithaca, and Judge Andrews
of syracuse. all OF the Court Of APP
peals. and making almost a majority Of
the bench. arrived here this afternoon
to attend the sessions Of the court. Judges
Finch and Andrews went directly to tho Ken
more House BY themselves and q lawyer from
New York met Chief Judge Ruger and walked
up to tho hotel with him. They chatted q
while. and Chief Justice Ruger took paper
from his pocket and gave 1t to the lawyer. who
was messenger sent up by sharp's lawyers
in New York to meet Chief Justice Ruger and
receive the stay and return with 1t to New
York in time to serve 1t on the District At
torney.
Tho messenger stopped In the railroad sta
ton to get little luncheon. and won't to
New York on the train that had brought the
Judges in from tho West After giving the
stay to the messenger Justice Ruger went up
to tho Kenmore. He was asked whether the
stay had been granted, and said:
TITS not q proper subject for mo to talk
about, but will say that an application has
been made to mo. 1t would be improper for
me to tell you what disposition was made OF it.
One OF the Judges said; -e--a.
In all tho time have been on the bench Of
the Court Of Appeals I never heard Of a
stay being granted in Q criminal case. It is
perfectly proper for ono to be granted either
by one Judge alone or In consultation with
others. or by any number Of Judges whenever
he or they think that reasonable doubt exists.
still 1t Is practice OF extreme rarity. It Is
not uncommon In civil cases. but In criminal
cases do not recollect having seen a case 1t
rests under the discretion OF Judge to grant
stay or not"
One OF the other Judges was asked whether
no knew about the stay. but he refused to say
anything about It for publication. Other
Judges are expected this evening or to-mor-
row. but there is nothing more to be done in
the matter until the hearing on the stay has
been granted. Should the temporary order DO
made permanent after the hearing on Oct.
there is no telling whom Sharp will be sent to
Sing Sing.
Thisis q copy OF the order issued at the re-
quest Of John N. Perry OF New York:
ALBANY, N. z, Sept % 1887.
In tho matter of Jacob sharp;
Notice OF nve days to DO given to the District
Attorney OF New York. Of application on
Ia not In the opinion Of the Judge. cause why
the Judgment should not stand and In tho mean time
and until tho hearing aud determination of the appea
ton the execution Of said Judgments and each Of them
hereby stayed ". G. RuGks.
Tho case of Jacob Sharp kept things at the
highest pitch Of excitement In the new Court
House and about the District Attorneys office
all day yesterday. When the officials In these
quarters went homo for the day. at q much
later hour than usual. 1t seemed certain that
the last chance Of Mr. Sharp escaping Sing
Sing had passed and that he would be taken to
tho big prison on the 3:s5 O'Clock train this
afternoon. In spite Of this apparent certainty
Lawyers sticknsy and Cochran were notice.
for hone which they kept to themselves
Tho formal order vaoating tho stay granted
by Judge Potter was signed shortly after II
o'clock by Judge Van Brunt, This Formally
Xaa not gone through with IN the General
the Judges private room. There were present
lawyers Stickney and W. Bourke Cochran, for
Mr, Sharp, Assistant District Attorneys Nicoll
end Semple. for the people, and Sherin Grant.
Both MIR. Stickney and Mr.. Nicoll had an order
drawn UP on their different Interpretations OF
the law, and both were handed to Judge Van
Brunt. who read them both, and then signed
that OF Mr.. Ncoll's and returned 1t to him.
Hero II copy OF 1t:
Mis hereby ordered and adudssd that the said tudS
saisd from a. aforesaid With the order Of said court
denying the defendauts motion for new trial and an
arrest or Judgment be and the same hereby are In all
fhnxs affirmed and IL further ordered that the said
Judgment OF the said Court of Oyer and Terminer DO
and tho name hereby directed be enforced aud
HE'D Into execution and effect
The order WAS handed to Sheriff Grant. Mr.
StieIney at once called attention to MI. Sharp's
PHYSICAL condition, and expressed q fear that
the lOurlgy Sing Hing Would bA fatal to him.